Site Navigation

Site Mobile Navigation

Companion Is Called to Testify at Monserrate Trial

The woman at the center of State Senator Hiram Monserrate’s domestic violence trial — his companion, Karla Giraldo, whom Mr. Monserrate is accused of slashing in the face in a jealous rage — has been subpoenaed to testify Wednesday, her lawyer said on Tuesday.

Ms. Giraldo, 30, will be called as a prosecution witness in State Supreme Court in Queens, although she maintains she was accidentally cut when Mr. Monserrate tripped while bringing her a glass of water in his apartment Dec. 19, said her lawyer, Glenn R. Marshall.

Her long-awaited appearance on the witness stand — particularly requested by Justice William M. Erlbaum, who is trying the case as judge and jury — would pose delicate questions for both sides, lawyers said.

Under normal trial rules, the district attorney’s office would not be allowed to impeach its own witness -– that is, it would not be allowed to discredit Ms. Giraldo if she testifies that Mr. Monserrate did not deliberately attack her. But in that event, she could possibly be declared a hostile witness, which would allow the prosecutor, Scott Kessler, to ask her leading questions to build his case and perhaps cross-examine her.

If the prosecution had not called her before its case concluded, probably Wednesday, Ms. Giraldo might have been called as a defense witness by Mr. Monserrate’s lawyer, Joseph Tacopina.

Justice Erlbaum, who is conducting a bench trial at the defense’s request because of concerns that inflammatory evidence could bias jurors, has told both sides that he would like to hear from Ms. Giraldo as a witness, lawyers said.

Mr. Monserrate, 42, a freshman Democrat, and a former Marine, police officer and city councilman, is charged with three felony counts of assault and three lesser misdemeanor counts. If convicted, he could be sentenced to seven years in prison and would have to surrender his seat in a narrowly split State Senate. He was indicted after security videos in his Jackson Heights building showed him pulling Ms. Giraldo, who was bleeding and distraught, through his building, and she told medical staff at Long Island Jewish Medical Center that he had sliced her face with a broken glass during a fight.

The defense says Mr. Monserrate was trying to get her to a hospital although she was afraid of disfigurement from stitches. She later received 20 stitches and still has some scars, according to court testimony.

On Tuesday morning, a cosmetician, Neife Toro, said that Ms. Giraldo called her, crying, on the way to the hospital saying she was with “her boyfriend,” Mr. Monserrate, and needed help for her bleeding face after “an accident.”

Afterward, a police crime scene detective, David Hernandez, began testifying about broken glass and bloodstains he found in the apartment.

Without her cooperation, it may be an uphill battle for the prosecution. After what he did to her, what could he have said to her to get her to be on his side and not testify against him? Will we ever know what he said or did to get her to be on his side?

The interesting thing to watch for is whether the DA asks the judge to declare her a “hostile witness”, despite her being called by the prosecution.

Since we’re in a bench trial – with the judge sitting as “decider of the facts” – such a declaration request will carry greater weight than it might in a jury trial. The judge will likely scrutinize her testimony closely for any signs of prior duress or, alternatively, prevarication.

Also, with no jury “emotions” to worry about – it’s likely the DA will pour it on in examining her to try and break any “victimization identification with the accused” that is often a frustrating feature of domestic violence cases.

The stakes are very high here. If the prosecutors can’t “break” her recantation of abuse – Monserrate will very likely succeed in showing “reasonable doubt”.

What's Next

Looking for New York Today?

New York Today is still going strong! Though no longer on City Room, New York Today continues to appear every weekday morning, offering a roundup of news and events for the city. You can find the latest New York Today at nytoday.com or in the morning, on The New York Times homepage or its New York section. You can also receive it via email.

Lookin for Metropolitan Diary?

Metropolitan Diary continues to publish! Since 1976, Metropolitan Diary has been a place for New Yorkers, past and present, to share odd fleeting moments in the city. We will continue to publish one item each weekday morning and a round-up in Monday's print edition. You can find the latest entries at nytimes.com/diary and on our New York section online.

About

City Room®, a news blog of live reporting, features and reader conversations about New York City, has been archived. Send questions or suggestions by e-mail.